Another Small Business Challenges Contraceptive Coverage Mandate

On Monday, another Christian-owned for-profit small business filed a challenge to the Affordable Care Act contraceptive coverage mandate. The complaint (full text) in Briscoe v. Sebelius, (D CO, filed 2/4/2013), alleges that plaintiff Stephen Briscoe, owner of affiliated corporations and LLCs that operate senior independent living, assisted living and skilled nursing facilities, believes that furnishing coverage for contraceptives that may prevent implantation of an already fertilized egg is a sin for which he will be held accountable.  Briscoe discovered that his companies' self-insured plan covers these types of contraceptives as controversy over the HHS Mandate arose.   The company that provides his businesses with insurance told him that without a judicial order, it cannot exclude such coverage. The suit claims that the mandate violates plaintiffs' rights under RFRA, the 1st and 5th Amendments and the Administrative Procedure Act. Alliance Defending Freedom announced the filing of the lawsuit.